Legal Question in Wills and Trusts in Texas
will probate
I am in my father's will. He passed away last Sunday, 6 days ago. His 2nd wife, not my mother, is the executrix. How long does she have to probate the will? What is my recourse if she does not probate? Also, what is my recourse if she does probate but simply does not properly follow the will? Thank you
1 Answer from Attorneys
Re: will probate
You have up to four years to probate, before the statute of limitations runs (though there are some arguable exceptions.) You can petition the probate court to force the person in possession of the will produce it in court. If you are a beneficiary, you can apply for probate yourself. If the executrix doesn't follow the will, you can sue her for breach of fiduciary duty. Rather than go down this very expensive road, you may consider a sit down meeting to negotiate a family settlement agreement, and work out something you can all live with.